9 Feb 2022
Because the applicant, legally aided and indigent, succeeded on appeal and a retrial was ordered, the court held that costs should follow the event and awarded the applicant his legal aid contributions for both the appeal and the retrial; denying those sums would effectively deny legal aid to an indigent defendant despite prior findings and changes of defence.
6 Jan 2022
Because the CCTV evidence demonstrated the deceased was the initial aggressor and the appellant consistently asserted self-defence, the Court concluded he did not, on the facts found, sufficiently bring suspicion upon himself to defeat an award of costs; accordingly the appellant was entitled to recover his legal aid contributions for trial and appeal and costs incidental to trial (taxed if not agreed).
20 May 2014
The Court exercised its s.43 discretion to deprive the appellant of trial costs because his inflammatory conduct brought the prosecution upon himself, but awarded costs for the two appeals limited to the appellant's two legal aid contributions of HK$1,000 for the appeal to the Judge and HK$1,000 for the appeal to this Court.
6 Jan 2012
The Court awarded the named appellants costs of and incidental to the proceedings in all courts below and in the Court of Final Appeal, including costs of written submissions on costs; granted the certificates for counsel each appellant sought; directed that all costs be taxed by the Registrar on the basis indicated in the Egan costs judgment (i.e. reasonably sufficient to compensate expenses properly incurred); and awarded Rahman specified legal aid contribution amounts for the Court of Appeal and this Court.
6 Jan 2012
The Court awarded each non-legal-aid appellant full costs of and incidental to the proceedings in all courts below and in this Court (Magistrates Court, District Court, Court of Appeal and Court of Final Appeal), including costs of written submissions on costs; the costs are to be taxed on the basis set out in the Egan costs judgment (i.e. what appears to the Registrar as reasonably sufficient to compensate expenses properly incurred); certificates for the number of counsel sought by each appellant were granted; Mr Rahman was awarded his specified legal aid contributions for the Court of Appe…
6 Jan 2012
The Court awarded each non‑legal‑aid appellant full costs of and incidental to proceedings in all courts below and in the Court of Final Appeal, granted the certificates for counsel as sought, rejected the prosecution's submissions to deny or limit costs, ordered taxation of costs on the basis set out in the Egan costs judgment, and awarded appellant Rahman's specified legal aid contributions for appeals.
6 Jan 2012
The Court held that the appellants were entitled to costs of and incidental to proceedings in the Magistrates Court, District Court, Court of Appeal and Court of Final Appeal; there was no basis to limit costs to points of success; certificates for the number of counsel sought were granted; and costs are to be taxed on the basis in HKSAR v Kevin Egan para.9 to compensate for expenses properly incurred.
6 Jan 2012
The Court awarded each non-legal-aid appellant costs of and incidental to the proceedings in all courts below and in this Court, granted the certificates for counsel as sought, ordered costs to be taxed on the basis indicated in the Egan costs judgment (reasonably sufficient to compensate expenses properly incurred), and awarded the legal aid contributions claimed by Mr Rahman for the Court of Appeal and this Court.
6 Jan 2012
VIVIEN FAN AND OTHERS v. HKSAR
3 Oct 2005
Given the public interest in the legal issues raised on the appeal, the court exercised its discretion to make no general order as to costs between the appellants and the respondent, but allowed limited reimbursements: the respondent must pay specified disbursements to the appellants and the 2nd and 3rd appellants' own costs are to be taxed under the Legal Aid Regulations.